Legal Opinion

McDonnell Douglas Corporation v. The United States

Court of Appeals for the Federal Circuit

Decided February 12, 1985No. Appeal 83-1001PublishedCited by 24 opinions

1Opinion of the Court

BENNETT, Circuit Judge.

McDonnell Douglas Corporation (MDC) appeals a decision of the Armed Services Board of ■ Contract Appeals, ASBCA No. 26747, 83-1 BCA If 16,377. The ASBCA dismissed the appeal as premature, without prejudice, because there was no showing that a claim had been made to the contracting officer and then appealed as required by the disputes clause of the contract or the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 605, 606 (1982). We affirm the dismissal but reverse-in-part for reasons to be explained.

BACKGROUND

This is a government contract dispute over the scope of…

2Cases cited5 opinions

  1. Oklahoma Press Publishing Co. v. WallingSupreme Court of the United States · 1946
  2. Watkins v. United StatesSupreme Court of the United States · 1957
  3. Quinn v. United StatesSupreme Court of the United States · 1955
  4. Paragon Energy Corp. v. United StatesUnited States Court of Claims · 1981
  5. United States of America and Charles A. Bowsher, Comptroller General of the United States of America v. McDonnell Douglas CorporationCourt of Appeals for the Eighth Circuit · 1984

3Cited by24 opinions

  1. Alliant Techsystems, Inc., Global Environmental Solutions Business Division v. United States, Defendant-CrossCourt of Appeals for the Federal Circuit · 1999
  2. Synar v. United StatesDistrict Court, District of Columbia · 1986
  3. In The Matter Of Chicago, Milwaukee, St. Paul And Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1986
  4. Universal Surety Co. v. United StatesUnited States Court of Claims · 1986
  5. United States v. Kasler Electric Company, Inc., Fireman's Fund Insurance CompaniesCourt of Appeals for the Sixth Circuit · 1997

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